Texas Department of Transportation Page 1 of 11 Oversize ... · and restructure the provisions of that section to ... Texas Department of Transportation Page 3 ... Page 4 of 11 Oversize

Texas Department of Transportation Page 1 of 11 Oversize and Overweight Vehicles and Loads

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Adoption Preamble

The Texas Department of Transportation (department) adopts

amendments to §28.100, §28.101, §28.102, §28.111, §28.201, and

§28.202, all concerning oversize and overweight vehicles and

loads. The amendments to §28.100, §28.101, §28.102, §28.111,

and §28.201 are adopted without changes to the proposed text as

published in the April 9, 2010, issue of the Texas Register (35

TexReg 2841) and will not be republished. The amendments to

§28.202 are adopted with changes to the proposed text as

published in the April 9, 2010, issue of the Texas Register (35

TexReg 2841).

EXPLANATION OF ADOPTED AMENDMENTS

These amendments address statutory changes from the 81st

Legislative Session, 2009, and address updates to the current

oversize, overweight permit process. Statutory changes were

made to the optional permitting procedures for Chambers County.

Other amendments address changes needed to improve compliance

issues.

Changes are made to §§28.100 - 28.102 regarding optional permits

issued by Chambers County. House Bill 4594, 81st Legislature,

Regular Session, 2009 amended Transportation Code, §623.252 to

increase the list of roads for which the county can issue

oversize and overweight permits.

OGC: 06/10/10 1:34 PM Exhibit A


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Amendments to §28.100, Purpose, correct a statutory reference to

the subchapter relating to Chambers County and replace the list

of roads for which Chambers County can issue permits for the

movement of oversize and overweight vehicles and loads with the

appropriate statutory reference to insure that the reference is

always accurate.

Amendments to §28.101, Responsibilities, address the new roads

and restructure the provisions of that section to more closely

follow the optional permitting process. The amendments add new

subsection (a), which essentially contains the language in the

current §28.101(g)(2) and additionally provides the load

dimension requirements. The substance was moved from current

§28.101(g)(2) to a position more toward the beginning of the

section because of its importance in relation to the other

provisions of the section. The load dimension information is

added to clearly present the statutory limitations on the

county's authority to issue permits.

New §28.101(b) sets out the responsibilities of Chambers County

relating to the collection and use of permit fees. The

subsection contains the substance of current §28.101(g)(1)

modified to reflect the provisions of Transportation Code,

§623.254(b). The subsection requires the county to collect



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permit fees and to deposit into the State Highway Fund the

permit fees collected, minus administrative fees. The

subsection also provides that the permit fee and administration

costs, not to exceed 15 percent of each fee, will be established

by the agreement between the county and the department.

Finally, the subsection states that, in accordance with statute,

the department will use the money deposited by the county to

maintain and improve the affected highways.

The amendments to §28.101 redesignate subsection (a) as

subsection (c) and change the substance to reflect the addition

of new eligible highways in Transportation Code, §623.252. They

also clarify that the purpose of the surety bond is to ensure

that the department can recover all maintenance costs. These

changes bring the rule into compliance with the statute.

The amendments to §28.101 redesignate subsections (b), (c), (e),

and (f) as subsections (d), (e), (g), and (h) respectively,

without change.

The amendments to §28.101 redesignate subsection (d) as

subsection (f), make non-substantive editing changes for

clarity, and conform a cross reference to reflect a change in

designation as made by the amendments.



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The amendments to §28.101 delete subsection (g) because the

substance of that subsection is moved to subsections (a) and (b)

for the reasons noted in the explanation of those subsections.

The amendments to §28.101 redesignate subsection (h) as

subsection (i) and amend the language to address the county's

ability to pay for maintenance if it does not collect and

deposit into the State Highway Fund a sufficient amount to cover

the department's maintenance costs for the subject roads. This

will allow the county to pay any deficiency before the

department files against the surety bond. This change will

streamline the maintenance process and reflects the current

procedure with the county. The reference to the specific

highways that are subject to the subchapter is deleted to

eliminate unnecessary redundancy.

The amendments to §28.101 redesignate subsection (i) as

subsection (j) without change.

Amendments to §28.102(a) address the information that must be

included on the permit. The amendments to §28.102 change the

heading of subsection (a) to better describe the subject of the

subsection. The permit includes axle information to provide

both the permit holder and enforcement officials the exact axle

dimensions to improve compliance. The amendments also delete



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§28.102(a)(4) that required a statement of the kind of cargo

being transported. Subsequent paragraphs are renumbered. A

separate requirement for the kind of cargo is not necessary when

new §28.102(a)(5) requires the kind and weight of each commodity

and the load dimensions of the vehicle or the commodity being

transported. Having both paragraphs is repetitive and

unnecessary. The amendments to §28.102(a)(7) make conforming

statutory changes to road references for accuracy.

The amendments to §28.102 change the heading of subsection (b)

to better describe the subject of the subsection.

The amendments move the substance of the last sentence of

subsection (h)(3) to a new subsection (i) to emphasize the duty

of the county to maintain the records required under 43 TAC

Chapter 28, Subchapter H.

The amendments to §28.102 redesignate subsection (i) as

subsection (j) and substitute a general reference for the

specific listing of the roads affected to eliminate redundancy.

Section §28.111, Applicability, is amended to include the person

who loads the vehicle as someone who is subject to compliance

with the rules. Under Transportation Code, §621.503 it is a

violation to load or cause to be loaded a vehicle for operation



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on a state highway that exceeds the weight limitations. Under

the department's compliance procedures the person who loaded the

vehicle was not included, which created problems with

enforcement. Transportation Code, §623.271 authorizes the

department to take administrative actions for violations of

Transportation Code, Chapter 621, therefore, the rules need to

apply to the person who loads the vehicle. This change will

help address that oversight in the current rule.

Section 28.201, Investigations and Inspections of Records, is

amended to clarify where records must be kept and the time in

which they must be made available to the department. Under the

current rules all records are required to be maintained at the

person's principal place of business. The department has

determined that this requirement is unnecessary and does not

reflect standard industry procedures. The section has been

amended to provide that the person may maintain records at their

principal place of business or at a location within the state

that is mutually agreed to by the department and the person. If

the principal place of business is outside of the state, the

person must make the records available for inspection at a

location within the state or may make them available outside the

state if the person reimburses the department for all travel

expenses necessary to inspect the records at that location. The

changes provide that if the records are held out of state or at



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a place other than the person's principle place of business in

this state, the records must be available within 48 hours of the

request. This change is needed to allow the person time to

gather the records. If the records are held at the principal

place of business in this state, the department will have

immediate access to the records for inspection. These

amendments will alleviate problems that have occurred under the

current section. The amendments delete the term "document" in

§28.201(a)(1) for consistency within the subchapter. "Document"

is unnecessary because it is included within the term "record,"

which is used throughout the subchapter.

Section 28.202, Records, is amended to remove language that

requires all records to be maintained at the principal place of

business to coincide with the changes made to 43 TAC §28.201.

The amendments also provide that driver time cards and logs

shall be maintained for not less than six months instead of the

two years, as currently required. This change is made because

the department has determined that holding these types of

records for two years is unnecessary for enforcement purposes

and that six months is in line with industry standards. In

response to comments received, the amendments of this section

are modified to clarify that a person has to maintain only those

records that are necessary to verify the person's operations.

The section does not require the person to create or maintain



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records that would not be kept in the normal course of business.

COMMENTS

The department received written comments on the proposed

amendments from the Texas Motor Transportation Association

(TMTA) and John Counts, Nabour Well Services.

Comment:

Mr. Counts commented that he is concerned with the language in

§28.201(b)(3), requiring immediate access to records held at the

principal place of business. Mr. Counts commented that the rule

does not take into account a person who uses a document storage

service that stores records offsite or situations in which

electronically stored records are not "immediately" retrieved

due to computer issues. He also requested that the term

"immediately" be defined.

Response:

The department believes that the language in §28.201(b)(3) is

sufficient as written and does not require revision. As used in

the rule, the term "immediately" is intended to have its common

meaning and, therefore, does not need to be defined. The

language provides that if the records are maintained at the

principal place of business the person must provide the

inspector access to those records at the time of the request.



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If the records are stored offsite whether at a secondary office

or with a document storage service the department should be

aware of that under §28.201(b)(1)(B) and the person has 48 hours

to gather the requested documents. A delay for computer

processing time will not negate the fact that the person is

providing access to the documents at the time of the request.

The department cannot anticipate every situation that could

occur and the current wording allows flexibility for a person to

comply with the rule and for the agency to apply a reasonable

test for compliance.

Comment:

TMTA and Mr. Counts commented on §28.202 regarding the list of

records required to be maintained. Both are concerned that this

language requires them to create all the records listed in the

rule regardless of whether the records are currently being

created or that they have a business need to create the records.

TMTA and Mr. Counts commented that the department should require

the maintenance of only those records that a motor carrier

actually obtains or creates.

Response:

The department agrees with this comment. The language of the

proposed rule could be interpreted to require that all documents

listed in §28.202 be created and kept. This is not the



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department's intent. The department only needs the

documentation necessary to verify the operations of the motor

carrier that are subject to department oversight. The list

provided in §28.202(a) is included to give a general idea of

what types of records the department will be looking for when

investigating permit issues. The department does not intend to

require a person to create a document on the list if the carrier

determines that the creation and maintenance of the document is

not necessary in the regular course of their business. However,

the department does not want a motor carrier to avoid creating

documents that are necessary to verify its operations.

Accordingly, the language in §28.202 is revised to add language

clarifying that the documents listed are required only if the

document is necessary to verify a person's operations. This

will allow the motor carrier the flexibility to determine which

documents it needs to create and maintain. The department

recognizes that the information needed to verify operations can

be maintained in many formats and in different types of

documents and has amended §28.202(a) so that a person does not

have to maintain every document listed as long as the person is

able to verify compliance through other documents.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101,

which provides the commission with the authority to establish




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rules for the conduct of the work of the department, and more

specifically, Transportation Code, §623.259, which authorizes

the commission to adopt rules necessary to implement

Transportation Code, Chapter 623, Subchapter M.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapter 623, Subchapter M; and

Transportation Code, §623.271.


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SUBCHAPTER H. CHAMBERS COUNTY PERMITS

§28.100. Purpose. In accordance with Transportation Code,

Chapter 623, Subchapter M [K], the commission may authorize

Chambers County, Texas to issue permits for the movement of

oversize and overweight vehicles and loads on the roads

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6 designated by Transportation Code, §623.252(b)(1) [Farm-to-

7 Market Road 1405 and the frontage road of State Highway 99

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located in the Cedar Crossing Business Park]. This subchapter

sets forth the requirements and applicable procedures for the

issuance of permits by Chambers County for the movement of

oversize and overweight vehicles.

§28.101. Responsibilities.

14 (a) Authority to issue permits. Chambers County may issue

15 a permit for a vehicle or vehicle combination that exceeds the

16 vehicle size or weight limits specified by Transportation Code,

17 Chapter 621, Subchapters B and C but does not exceed loaded

18 dimensions of 12' wide, 16' high, or 110' long, or 100,000

19 pounds gross weight for travel on the roads designated by

Transportation Code, §623.252(b)(1). 20

21 (b) Permit fees and administrative costs. Chambers County

shall collect a fee for each permit issued under this 22

subchapter. The permit fee may not exceed $80 per trip. 23

NOTE: Additions underlined Exhibit B Deletions in [ ] OGC: 06/10/10 3:53 PM


1 Chambers County may retain an amount up to 15 percent of each

2 permit fee to cover costs of administering the program. The

permit fee and administration costs shall be established by the 3

4 agreement between the department and Chambers County. Chambers

5 County shall deposit the permit fees collected, less

6 administrative cost amounts authorized, in the State Highway

7 Fund. The department will use those amounts for the maintenance

and improvement of the roads designated by Transportation Code, 8

9 §623.252(b)(1).

(c) [(a)] Surety bond. The department may require Chambers

County to post a surety bond in the amount of $500,000 for the

purpose of reimbursing the department the amount equal to the

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[for

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] actual maintenance costs of roads designated by 13

14 Transportation Code, §623.252(b)(1) less the amount that

15 Chambers County deposits in the State Highway Fund under

16 subsection (b) of this section [Farm-to-Market Road 1405 and the

17 frontage road of State Highway 99 located in the Cedar Crossing

18 Business Park in the event that sufficient revenue is not

19 collected from permits issued under this subchapter].

(d) [(b)] Verification of permits. All permits issued by

Chambers County shall be carried in the permitted vehicle.

Chambers County shall provide access for verification of permit

authenticity by law enforcement and department personnel.

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(e) [(c)] Training. Chambers County shall secure any

training necessary for personnel to issue permits under this

subchapter. The department may provide assistance with training

upon request by Chambers County.

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(f) [(d)] Accounting. The department shall develop

accounting procedures related to permits issued under this

subchapter. Chambers County shall comply with those accounting 7

procedures for the purpose of revenue collections and any

payment made to the department under subsection (i)

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[(h)] of

this section.

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(g) [(e)] Audits. The department may conduct annual audits

of all Chambers County permit activities or upon direction by

the executive director. In order to insure compliance, audits

will at a minimum include a review of all permits issued,

financial transaction records related to permit issuance, review

of vehicle scale weight tickets,

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and monitoring of personnel

issuing permits under this subchapter.

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(h) [(f)] Revocation of authority to issue permits. If the

department determines as a result of an audit that Chambers

County is not complying with this subchapter, the executive

director will issue a notice to Chambers County allowing 30 days

to correct any non-compliance issue. If after 30 days it is

determined that Chambers County is not in compliance, then the



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executive director may revoke Chambers County's authority to

issue permits.

(1) Upon notification that its authority to issue permits

under this subchapter has been revoked, Chambers County may

appeal the revocation to the commission in writing.

(2) In cases where a revocation is being appealed,

Chambers County's authority to issue permits under this

subchapter shall remain in effect until the commission makes a

final decision regarding the appeal.

(3) Upon revocation of authority to issue permits,

termination of the maintenance contract, or expiration of this

subchapter, all permit fees collected by Chambers County, less

allowable administrative costs, shall be paid to the department.

14 [(g) Permit fees. Permit fees collected under this

15 subchapter shall be used solely to provide funds for the

16 payments provided for under Transportation Code, §623.253, less

17 administrative costs.]

18 [(1) The permit fee shall not exceed $80 per trip.

19 Chambers County may retain up to 15% of such permit fees for

administrative costs, and the balance of the permit fees shall 20

21 be deposited in the state highway fund to be used for

22 maintenance of Farm-to-Market Road 1405 and the frontage road of

State Highway 99 located in the Cedar Crossing Business Park.] 23



1 [(2) Chambers County may issue a permit and collect a fee

2 for a permit issued under this subchapter for any vehicle or

vehicle combination exceeding vehicle size or weight as 3

4 specified by Transportation Code, Chapter 621, Subchapters B and

5 C traveling only on Farm-to-Market Road 1405 and the frontage

6 road of State Highway 99 located in the Cedar Crossing Business

7 Park.]

8 (i) [(h)] Maintenance payments [contract]. If Chambers

9 County does not deposit in the State Highway Fund under

subsection (b) of this section sufficient amounts to reimburse 10

11 the department for the payment of the costs of maintenance of

12 the highways that are designated by Transportation Code,

13 §623.252(b)(1), Chambers County may pay the deficiency in lieu

14 of the department's filing against the surety bond provided

15 under subsection (c) of this section for that amount. [Chambers

16 County shall enter into a maintenance contract with the

17 department for the maintenance of Farm-to-Market Road 1405 and

18 the frontage road of State Highway 99 located in the Cedar

19 Crossing Business Park.]

[(1)] Maintenance includes [shall include, but is not 20

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limited to,] routine maintenance, preventive maintenance, and

total reconstruction of the roadway and bridge structures as

determined by the department to maintain the current level of



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2 [(2) Chambers County may make direct restitution to the

department for actual maintenance costs in lieu of the 3

4 department filing against the surety bond described in

5 subsection (a) of this section, in the event that sufficient

6 revenue is not collected.]

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(j) [(i)] Reporting. Chambers County shall provide monthly

and annual reports to the department's Finance Division

regarding all permits issued and fees collected. The report

must be in a format approved by the department.

§28.102. Permit Issuance Requirements and Procedures.

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(a) Permit contents [application]. A [Application for a]

permit issued under this subchapter shall be in a form approved

by the department, and shall at a minimum include:

(1) the name of the applicant;

(2) date of issuance;

(3) signature of the designated agent of Chambers County;

19 [(4) a statement of the kind of cargo being transported;]

(4) [(5)] the maximum weight and dimensions of the

proposed vehicle combination including the number of tires on

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22 each axle, tire size for each axle, distance between each axle,

measured from center of axle to center of axle, and the specific 23



1 weight of each individual axle when loaded;

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(5) [(6)] a statement of the kind and weight of each

commodity to be transported, not to exceed loaded dimensions of

12' wide, 16' high, or 110' long, or 100,000 pounds gross

weight;

(6) [(7)] a statement of any condition on which the

permit is issued;

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8 (7) [(8)] a statement that the cargo may [shall] be

transported in Chambers County only over the roads that are 9

described by Transportation Code, §623.652(b)(1) [over the most

direct route using only Farm

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-to-Market Road 1405 and the 11

12 frontage road of State Highway 99 located in the Cedar Crossing

13 Business Park];

14 (8) [(9)] the location where the cargo was loaded; and

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(9) [(10)] the date or dates on which movement authorized

by the permit is allowed.

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(b) Permit use and validity [issuance].

(1) General.

(A) The original permit must be carried in the vehicle

for which it is issued.

(B) A permit is void when an applicant:

(i) gives false or incorrect information;

(ii) does not comply with the restrictions or



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conditions stated in the permit; or

(iii) changes or alters the information on the

permit.

(C) A permittee may not transport an overdimension or

overweight load with a voided permit.

(2) Payment of permit fee. Chambers County may determine

acceptable methods of payment. All fees transmitted to the

department must be in U.S. currency.

(c) Maximum permit weight limits.

(1) An axle group must have a minimum spacing of four

feet, measured from center of axle to center of axle, between

each axle in the group, to achieve the maximum permit weight for

the group.

(2) Two or more consecutive axle groups must have an axle

spacing of 12 feet or greater, measured from the center of the

last axle of the preceding group to the center of the first axle

of the following group, in order for each group to be permitted

for maximum permit weight.

(3) Maximum permit weight for an axle or axle group is

based on 650 pounds per inch of tire width or the following axle

or axle group weights, whichever is the lesser amount;

(A) single axle--25,000 pounds;

(B) two axle group--46,000 pounds;



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(C) three axle group--60,000 pounds;

(D) four axle group--70,000 pounds;

(E) five axle group--81,400 pounds;

(F) trunnion axles--60,000 pounds if:

(i) the trunnion configuration has two axles;

(ii) there are a total of 16 tires for a trunnion

configuration; and

(iii) the trunnion axle as shown in the following

diagram is 10 feet in width.

Figure: 43 TAC §28.102(c)(3)(F)(iii)

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(4) A permit issued under this subchapter does not

authorize the vehicle to exceed manufacturer's tire load rating.

(d) Vehicles exceeding weight limits. Any vehicle

exceeding weight limits outlined in subsection (c) of this



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section, shall apply directly to the department for an oversize

or overweight permit in accordance with §28.11 of this chapter

(relating to General Oversize/Overweight Permit Requirements and

Procedures).

(e) Registration. Any vehicle or combination of vehicles

permitted under this subchapter shall be registered in

accordance with Transportation Code, Chapter 502.

(f) Travel conditions. Movement of a permitted vehicle is

prohibited when visibility is reduced to less than 2/10 of one

mile or the road surface is hazardous due to weather conditions

such as rain, ice, sleet, or snow, or highway maintenance or

construction work.

(g) Daylight and night movement restrictions. An oversize

permitted vehicle may be moved only during daylight hours;

however, an overweight only permitted vehicle may be moved at

any time.

(h) Restrictions.

(1) Any vehicle issued a permit by Chambers County must

be weighed on scales capable of determining permitted loaded

gross vehicle weights and individual axle loads. For the

purpose of ensuring the accuracy of the permit, the scales must

be certified by the Texas Department of Agriculture.

(2) A copy of the certified weight ticket shall be




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retained by Chambers County and become a part of the official

permit record subject to inspection by department personnel or

Texas Department of Public Safety personnel.

(3) The owner of a vehicle permitted under this

subchapter must be registered as a motor carrier in accordance

with Transportation Code, Chapters 643 or 645, prior to the

oversize or overweight permit being issued. [Chambers County 7

shall maintain records relative to this subchapter, which are 8

subject to audit by department personnel.] 9

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(4) Permits issued by Chambers County shall be in a form

prescribed by the department.

(5) The maximum speed for a permitted vehicle shall be 55

miles per hour or the posted maximum, whichever is less.

(i) Records. Chambers County shall maintain records 14

relative to this subchapter, which are subject to audit by 15

department personnel. 16

(j) [(i)] Issuing entity. A motor carrier transporting

loads that fall within the size and weight limits of §28.101 of

this subchapter (relating to Responsibilities) on trips

originating and terminating within the Cedar Crossing Business

Park using a road designated by Transportation Code,

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§623.252(b)(1) [Farm-to-Market Road 1405 or the frontage road of 22

State Highway 99] must obtain a permit from Chambers County.23

Texas Department of Transportation Page 1 of 1 Motor Carrier Division

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SUBCHAPTER I. COMPLIANCE

§28.111. Applicability.

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(a) A person operating or loading a vehicle for which a

permit under this chapter is required shall comply with all

applicable terms, conditions, and requirements of the permit,

and with this chapter and Transportation Code, Chapters 621,

622, or 623 as applicable.

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(b) A person loading a vehicle or operating on a public

road or highway a vehicle for which a permit under this chapter

is not required shall comply with the weight and size provisions

of Transportation Code, Chapters 621, 622, or 623.

(c) Gross weight registration. A person may not operate on

a highway or public road a vehicle that exceeds its gross weight

registration.

NOTE: Additions underlined Exhibit C Deletions in [ ] OGC: 06/10/10 3:53 PM


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SUBCHAPTER J. RECORDS AND INSPECTIONS

§28.201. Investigations and Inspections of Records.

(a) Inspections.

(1) A person shall give an inspector access to the

person's premises to conduct inspections or investigations of an

alleged violation of this chapter or Transportation Code,

Chapters 621, 622, or 623. The person shall provide adequate

workspace with reasonable working conditions and shall allow the

inspector to copy and verify records [and documents]. 9

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(2) The inspector will conduct inspections and

investigations during normal business hours unless mutual

arrangements have been made otherwise.

(3) The inspector will present to the person the

inspector's credentials and a written statement from the

department indicating the inspector's authority to conduct the

investigation.

17 (b) Access. [A person shall provide access to requested

18 records and documents at:]

19 (1) Except as provided by paragraph (2) of this

subsection, a person shall provide access to requested records 20

21 at:

22 (A) [(1)] the person's principal place of business; or

(B) [(2)] a location in this state agreed to by the 23

NOTE: Additions underlined Exhibit D Deletions in [ ] OGC: 06/10/10 1:45 PM


1 department and the person.

2 (2) If the person's principal place of business is located

outside of this state, the person may choose to make the records 3

4 available at an out-of-state location agreed to by the

5 department and the person but only if the person agrees to

6 reimburse the department for necessary travel expenses and for a

7 per diem as set by legislative appropriation for each day that

8 an inspection or investigation related to the records or

9 information is conducted.

(3) If the requested records are maintained at the 10

11 person's principal place of business in this state, the person

12 shall make those records available to the inspector immediately

13 after the department requests the records. If the records are

14 maintained at a regional office or driver work-reporting

15 location or if the person's principal place of business is

16 located outside of this state, the person shall make the records

17 available at the person's principal place of business or the

18 agreed location at a time agreed to by the department and the

19 person within 48 hours after the time that the department makes

the request. Saturdays, Sundays, and federal and state holidays 20

21 are excluded from the computation of the 48-hour period.

22 (c) If a time or [and] location cannot be agreed upon under

subsection (b) of this section, the department shall designate 23



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the time or [and] location by certified mail or facsimile.

§28.202. Records.

(a) General records to be maintained. Each person who is

subject to this chapter shall maintain the following records if 5

6 information in such a record is necessary to verify the person’s

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operation [at its principal place of business in this state]:

(1) operational logs, insurance certificates, and

documents to verify the person's operations;

(2) complete and accurate records of services performed;

and 11

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(3) all certificate of title documents, shipper's

certificate of weight, including information used to support the

shipper's certificate of weight, weight tickets, permits for

oversize or overweight vehicles and loads, dispatch records,

load tickets, waybill or any other document that verify the

operations of the vehicle to determine the actual weight,

insurance coverage, size or capacity of the vehicle, and the

size or weight of the commodity being transported.

20 [(b) Location of files. Each person who is subject to this

21 chapter shall maintain at the principal place of business all

22 records and information required by the department.]

(b) [(c)] Copies of permits. A copy of the oversize or 23




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overweight permit shall be maintained in the vehicle for which

the permit was issued during the period that the permit is

required. On demand by a department inspector or any other

authorized government personnel, the driver of the vehicle shall

present the permit to that person.

(c) [(d)] Preservation and destruction of records. Records

[Information

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] required under this section shall be maintained

for not less than two years, except that drivers' time cards and

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logs shall be maintained for not less than six months [at the 9

person's principal business address]. 10

Documents

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